Brazil's CNJ simplifies real estate fiduciary alienation rules

The National Council of Justice (CNJ) has issued Provimento nº 246/2026, introducing significant changes to the rules governing fiduciary alienation of real estate as collateral.

Under the new regulation, acts and contracts governed by Law nº 9.514/1997—including the constitution, transfer, modification, or waiver of fiduciary alienation—may now be executed via private instrument with the same legal effects as a public deed. This applies regardless of whether the parties are part of the Housing Finance System (SFH) or the Real Estate Finance System (SFI).

The change extends to both individuals and legal entities, even those not operating within the financial or capital markets. This is expected to facilitate private business operations and transactions between individuals where real estate is used to secure obligations.